Hi all,
I'm with Employer A and my 6 yrs of H1B is over and Employer A has filed for extension based on Labor applied prior to 365 days of H1 expiry. Though its more than 1 1/2 yrs (it went to audit) the Labor was applied, it never got approved till today, and still in audit status. So that means I was never able to get to I-140 step yet.
So now my question is - assuming if I get 1/3yrs extension for my H1b with employer A.
Can I join employer B and file for transfer or is this possible only with a approved I-140 beyond 6yrs of the H1B period?
And can Employer B start my GC process again before 365 days of my transfered H1b dates? -I know I cant reatin the priority dates as I-140 was never approved
Thanks
I'm with Employer A and my 6 yrs of H1B is over and Employer A has filed for extension based on Labor applied prior to 365 days of H1 expiry. Though its more than 1 1/2 yrs (it went to audit) the Labor was applied, it never got approved till today, and still in audit status. So that means I was never able to get to I-140 step yet.
So now my question is - assuming if I get 1/3yrs extension for my H1b with employer A.
Can I join employer B and file for transfer or is this possible only with a approved I-140 beyond 6yrs of the H1B period?
And can Employer B start my GC process again before 365 days of my transfered H1b dates? -I know I cant reatin the priority dates as I-140 was never approved
Thanks
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